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Hello,
My Ex and I bought a house 8 years ago, we split about 6 months later and I moved out (was physically removed) about 2 months after that (I'm not exactly sure of dates and times but could check this if necessary. My ex was extremely abusive towards me and my son (who at the time was under 1 year old).
When we bought the house we were looking to buy a second house as an investment property and the mortgage adviser suggested we bought the houses separately, the first in my exes name and the second in mine. The plan was to buy one, do some work, re-mortgage to take out some equity and use the equity to buy the second house. We both paid £15,000 each towards the first house deposit of £30,000. I then solely paid £15,000 on renovations whilst my ex paid the mortgage and I paid all other living costs (utilities, childcare, food, entertainment etc). He never had any money, his mum paid his deposit. I later learned his money was being spent on drugs and other women!
We put an offer on a second house and had a mortgage offer but at the last minute, the sale fell through. This sale was due to be in my name. Shortly after this I was removed from the property and left with nothing, not even my 1 year old child who my ex kept until the police got him back for me after my ex threatening to kill him.
We have been in and out of court over the last 8 years over child contact and my ex had always maintained that when he sells the house he will split the proceeds 50/50 (I have this in a letter from his solicitor at the time). I put a charge on the property to show my interest and as far as I know he needs my approval before he can sell the house. Now he has come to sell the property he is offering me my £15,000 deposit plus interest. He is completely disregarding our agreement and the £15,000 refurb I paid for, some of which I don't have receipts for and some of which I paid his friends. Most work and items were paid for with cash and the bank doesn't hold statements from that far back so I cannot prove all of the works I paid for.
We bought the house at £167,000. My ex had a buyer for the house at £267,000 some months ago, which fell through and now has another offer at £240,000. He has let the property go and apparently there is damp, there are rats coming up the toilet, punch marks in walls and doors.
He has been renting the property out for the last 8/9 years and has benefited from the earnings and not declared anything. He works for cash, takes benefits and pays no child maintenance for our son. He is a bully, a controlling and manipulative man and I really don't want to back down this time. My solicitor is costing me a fortune and although I am sure he is very good I cannot afford to continue the fight. I have already spent £20,000 on legal fees over child contact, probably £2,000-3,000 on the house equity argument over the years, and so I want to continue fighting this on my own.
We have recently sent two part 36 documents to my ex's solicitor but the latest update has been ignored. They have suggested I let the sale happen and we agree terms once the sale is made. We have said let's come to an agreement now and save more lengthy debate and exaggerated costs but this has been ignored. I have written to my solicitor to ask for suggested next steps but each time we send a letter it seems to be another £400-500.
So sorry for the long post. Does anyone have any advice for me?
Many thanks in advance.
My Ex and I bought a house 8 years ago, we split about 6 months later and I moved out (was physically removed) about 2 months after that (I'm not exactly sure of dates and times but could check this if necessary. My ex was extremely abusive towards me and my son (who at the time was under 1 year old).
When we bought the house we were looking to buy a second house as an investment property and the mortgage adviser suggested we bought the houses separately, the first in my exes name and the second in mine. The plan was to buy one, do some work, re-mortgage to take out some equity and use the equity to buy the second house. We both paid £15,000 each towards the first house deposit of £30,000. I then solely paid £15,000 on renovations whilst my ex paid the mortgage and I paid all other living costs (utilities, childcare, food, entertainment etc). He never had any money, his mum paid his deposit. I later learned his money was being spent on drugs and other women!
We put an offer on a second house and had a mortgage offer but at the last minute, the sale fell through. This sale was due to be in my name. Shortly after this I was removed from the property and left with nothing, not even my 1 year old child who my ex kept until the police got him back for me after my ex threatening to kill him.
We have been in and out of court over the last 8 years over child contact and my ex had always maintained that when he sells the house he will split the proceeds 50/50 (I have this in a letter from his solicitor at the time). I put a charge on the property to show my interest and as far as I know he needs my approval before he can sell the house. Now he has come to sell the property he is offering me my £15,000 deposit plus interest. He is completely disregarding our agreement and the £15,000 refurb I paid for, some of which I don't have receipts for and some of which I paid his friends. Most work and items were paid for with cash and the bank doesn't hold statements from that far back so I cannot prove all of the works I paid for.
We bought the house at £167,000. My ex had a buyer for the house at £267,000 some months ago, which fell through and now has another offer at £240,000. He has let the property go and apparently there is damp, there are rats coming up the toilet, punch marks in walls and doors.
He has been renting the property out for the last 8/9 years and has benefited from the earnings and not declared anything. He works for cash, takes benefits and pays no child maintenance for our son. He is a bully, a controlling and manipulative man and I really don't want to back down this time. My solicitor is costing me a fortune and although I am sure he is very good I cannot afford to continue the fight. I have already spent £20,000 on legal fees over child contact, probably £2,000-3,000 on the house equity argument over the years, and so I want to continue fighting this on my own.
We have recently sent two part 36 documents to my ex's solicitor but the latest update has been ignored. They have suggested I let the sale happen and we agree terms once the sale is made. We have said let's come to an agreement now and save more lengthy debate and exaggerated costs but this has been ignored. I have written to my solicitor to ask for suggested next steps but each time we send a letter it seems to be another £400-500.
So sorry for the long post. Does anyone have any advice for me?
Many thanks in advance.
to LB [MENTION=95789]Namastacey[/MENTION] ... I'll tag [MENTION=87380]Diana M[/MENTION] for you xx
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